ExpertLaw.com Forums

Can You Change a Child's Name on Birth Certicate Without Other Parent's Permission

Printable View

  • 10-16-2013, 06:43 PM
    laura2013
    Can You Change a Child's Name on Birth Certicate Without Other Parent's Permission
    My question involves name change laws in the State of:Ohio
    My son and his girlfriend started dating when she was 10day's pregnant,he had been with her the whole time through everything.She wanted his name on the birth certificate and gave the child his last name.they were going to get married just recently and then she had a DNA test done and left my son the next day.She told my son that job and family services had my son's name removed from the birth certificate and the baby's last name changed without my son's signature or going to court.Does my son have any right's to the child?We know the guy she is currently with has two other children he is not allowed to see(restraining order & a no contact order)due to breaking the oldest childs arm in 3 different places.Again does my son have any rights at all,any info would be greatly appreciated.Thank you!!
  • 10-16-2013, 06:47 PM
    Disagreeable
    Re: Can Someone Change the Name on Birth Certicate Without Permission
    If he has been proven to not be daddy and it was timely to disestablish paternity, no.
  • 10-16-2013, 07:08 PM
    Dogmatique
    Re: Can Someone Change the Name on Birth Certicate Without Permission
    Quote:

    Quoting laura2013
    View Post
    My question involves name change laws in the State of:Ohio
    My son and his girlfriend started dating when she was 10day's pregnant,he had been with her the whole time through everything.She wanted his name on the birth certificate and gave the child his last name.they were going to get married just recently and then she had a DNA test done and left my son the next day.She told my son that job and family services had my son's name removed from the birth certificate and the baby's last name changed without my son's signature or going to court.Does my son have any right's to the child?We know the guy she is currently with has two other children he is not allowed to see(restraining order & a no contact order)due to breaking the oldest childs arm in 3 different places.Again does my son have any rights at all,any info would be greatly appreciated.Thank you!!


    Would we be correct in saying that your son is not the child's biological father?

    1. Did he actually sign paternity papers?

    2. Are they married or not? If yes, were they married when the child was born?

    3. She's lying - he would have to be at least notified and the matter would go to court. Neither she nor family services can disestablish paternity without due process.
  • 10-17-2013, 05:45 AM
    laura2013
    Re: Can Someone Change the Name on Birth Certicate Without Permission
    They were not married,the ex girlfriend decided she wanted my son's name on the birth certificate.After the baby was born she then knew right away who the biological father was and decided she wanted to be with him instead of my son,and had a DNA test done through job and family services.My son has not received any notifications for any court dates to have his name taken off of the birth certificate or to have the last name of the baby changed to something else.
  • 10-17-2013, 07:07 AM
    Mr. Knowitall
    Re: Can Someone Change the Name on Birth Certicate Without Permission
    As the Ohio CSEA explains,
    Quote:

    Quoting Administrative Paternity Establishment Overview
    Paternity establishment refers to the legal determination of being named as the father of a child(ren). The administrative paternity establishment process can be completed at any time up to and including the child's 23rd birthday. Paternity can be established even if one of the parties resides in another county, state or foreign country.

    Paternity can be established in the following ways:

    Voluntary Acknowledgement refers to the completion of the JFS 07038, also known as the "Acknowledgment of Paternity Affidavit."

    This form can be completed at the hospital when your child is born. The voluntary acknowledgment can also be completed at your local heath department or county child support enforcement agency (CSEA). By signing the affidavit, both parties agree they are the biological parents of the child and choose to be named as the legal parents of the child.

    Genetic Testing can be requested by the mother, alleged father(s) or the child or child's guardian. Genetic testing may be conducted provided there is not a final determination of paternity, there is uncertainty as to the parentage of the child or if paternity is contested. The CSEA will order all parties to submit to genetic testing and will issue an administrative paternity order based on the results of the genetic test. For paternity to be established through genetic testing, the results must show at least a 99% probability of parentage.

    A Court Order of paternity may also be issued through Juvenile Court or Domestic Relations Court.


    If your son and the mother signed a Voluntary Ackowledgment of Paternity, either of them could attempt to rescind that AOP within sixty days of its issuance by following the protocol described on the AOP, and doing so would result in the county Child Support Enforcement Agency (CSEA) initiating paternity proceedings.

    If the mother went to the CSEA and initiated that process within the 60 day rescission period, the result would be an administrative order that resolved the question of paternity based upon the result of the DNA test they ordered. If your son was named as the legal father, he should have received notice of the proceedings and be instructed to comply with DNA testing. The AOP includes the legal father's address, so he would have received notices at that address. If he did not receive a copy of the final order, assuming one has been issued, odds are he did not have an accurate address on file with the CSEA. He is free to contact the CSEA to inquire about the status of the case and to try to obtain a copy of any order that was issued.
  • 10-17-2013, 08:13 AM
    laura2013
    Re: Can Someone Change the Name on Birth Certicate Without Permission
    ok,I think I am getting everyone confused here.My son is not the biological father.The mother had a DNA test done after the baby was born.My son's name is the one that is on the birth certificate and the baby carries our last name.Can the mother change the name without my son signing anything?Does he have any rights to the child whatsoever?
All times are GMT -7. The time now is 12:49 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved